2008 edition - Fort Sam Houston - U.S. Army

R.C.M. 1107(f)(3)
tions shall be dismissed by the convening authority
in the action. If a rehearing or other trial is directed,
the reasons for the disapproval shall be set forth in
the action.
Discussion
If a rehearing or other trial is not directed, the reasons for disapproval
need not be stated in the action, but they may be when
appropriate. It may be appropriate to state them when the reasons
may affect administrative disposition of the accused; for example,
when the finding is disapproved because of the lack of mental
responsibility of the accused or the running of the statute of
limitations.
No express action is necessary to approve findings of guilty.
See subsection (c) of this rule.
(4) Action on sentence.
(A) In general. The action shall state whether
the sentence adjudged by the court-martial is approved.
If only part of the sentence is approved, the
a c t i o n s h a l l s t a t e w h i c h p a r t s a r e a p p r o v e d . A
rehearing may not be directed if any sentence is
approved.
Discussion
See Appendix 16 for forms.
See R.C.M. 1108 concerning suspension of sentences.
See R.C.M. 1113 concerning execution of sentences.
(B) Execution; suspension. The action shall indicate,
when appropriate, whether an approved sentence
is to be executed or whether the execution of
all or any part of the sentence is to be suspended.
No reasons need be stated.
(C) Place of confinement. If the convening authority
orders a sentence of confinement into execut
i o n , t h e c o n v e n i n g a u t h o r i t y s h a l l d e s i g n a t e t h e
place of confinement in the action, unless otherwise
prescribed by the Secretary concerned. If a sentence
of confinement is ordered into execution after the
initial action of the convening authority, the authority
ordering the execution shall designate the place
of confinement unless otherwise prescribed by the
Secretary concerned.
Discussion
See R.C.M. 1113(d)(2)(C) concerning the place of confinement.
II-154
(D) Custody or confinement pending appellate
review; capital cases. When a record of trial involves
an approved sentence to death, the convening
authority shall, unless any approved sentence of conf
i n e m e n t h a s b e e n o r d e r e d i n t o e x e c u t i o n a n d a
place of confinement designated, provide in the action
for the temporary custody or confinement of the
accused pending final disposition of the case on appellate
review.
(E) Deferment of service of sentence to confinement.
Whenever the service of the sentence to
confinement is deferred by the convening authority
under R.C.M. 1101(c) before or concurrently with
the initial action in the case, the action shall include
the date on which the deferment became effective.
The reason for the deferment need not be stated in
the action.
( F ) C r e d i t f o r i l l e g a l p r e t r i a l c o n f i n e m e n t .
When the military judge has directed that the accused
receive credit under R.C.M. 305(k), the convening
authority shall so direct in the action.
(G) Reprimand. The convening authority shall
include in the action any reprimand which the convening
authority has ordered executed.
Discussion
See R.C.M. 1003(b)(1) concerning reprimands.
(5) Action on rehearing or new or other trial.
(A) Rehearing or other trial. In acting on a
rehearing or other trial the convening authority shall
be subject to the sentence limitations prescribed in
R.C.M. 810(d). Except when a rehearing or other
trial is combined with a trial on additional offenses
and except as otherwise provided in R.C.M. 810(d),
if any part of the original sentence was suspended
and the suspension was not properly vacated before
the order directing the rehearing, the convening authority
shall take the necessary suspension action to
prevent an increase in the same type of punishment
as was previously suspended. The convening authority
may approve a sentence adjudged upon a rehearing
or other trial regardless whether any kind or
amount of the punishment adjudged at the former
trial has been served or executed. However, in computing
the term or amount of punishment to be actually
served or executed under the new sentence, the
accused shall be credited with any kind or amount of
the former sentence included within the new sentence
that was served or executed before the time it